Private Law and Human Rights: Bringing Rights Home in Scotland and South Africa

Elspeth Reid; Daniel Visser

Published by Edinburgh University Press 2013

Private Law and Human Rights

Bringing Rights Home in Scotland and South Africa

Elspeth Reid and Daniel Visser

https://doi.org/10.1515/9780748684182

Overview
Contents

About this book

A comparative investigation into the revolution in private law in the era of human rights

Scotland and South Africa are mixed jurisdictions, combining features of common law and civil law traditions. Over the last decade, a shared feature in both Scotland and South Africa has been a new and intense focus on human rights.

In Scotland, the European Convention on Human Rights now constitutes an important element in the foundation of all domestic law. Similarly, the Constitution of the Republic of South Africa, adopted in 1996, has a Bill of Rights as its cornerstone. This binds the legislature, the executive, the judiciary and all organs of state - and also private parties.

In some ways, the Scottish and South African experience could not be more dissimilar, and the ‘constitutional moments’ from which these documents sprang were very different. At the same time, the parallels are close and compelling. This book, written by experts from both jurisdictions, examines exactly how human-rights provisions influence private law, looking at all branches of the subject. Moreover, it gives a unique perspective by comparing the approach in these kindred legal systems, providing a benchmark for both.

Topics

Frontmatter Publicly Available Download PDF	i
Contents Publicly Available Download PDF	v
Preface Publicly Available Download PDF	vii
Contributors Publicly Available Download PDF	viii
Table of Cases Publicly Available Download PDF	x
Table of Statutes Publicly Available Download PDF	xxxvii
1. Introduction Elspeth Reid and Daniel Visser Requires Authentication Unlicensed Licensed Download PDF	1
2. Private Law in the Age of Rights François du Bois Requires Authentication Unlicensed Licensed Download PDF	12
3. The Politics of Private Law: Sexual Minority Freedom in South Africa and Scotland Jaco Barnard-Naudé Requires Authentication Unlicensed Licensed Download PDF	37
4. Child Law: Respecting the Rights of Children Elaine E. Sutherland Requires Authentication Unlicensed Licensed Download PDF	81
5. Property Deprivation of an Absentee in Emulation of the Laws of Succession: The Laws of Scotland and South Africa Compared Roderick R. M. Paisley Requires Authentication Unlicensed Licensed Download PDF	106
6. The Right to Personal Security Anton Fagan Requires Authentication Unlicensed Licensed Download PDF	130
7. Privacy Requires Authentication Unlicensed Licensed Download PDF	156
8. Defamation and Freedom of Expression Jonathan Burchell Requires Authentication Unlicensed Licensed Download PDF	180
9. Strict Liability Max Loubser Requires Authentication Unlicensed Licensed Download PDF	205
10. Liability of Public Authorities and Public Officials John Blackie Requires Authentication Unlicensed Licensed Download PDF	235
11. Nuisance Hanri Mostert Requires Authentication Unlicensed Licensed Download PDF	256
12. Contract Law and Human Rights Peter Webster Requires Authentication Unlicensed Licensed Download PDF	294
13. Principles, Policy and Practice: Human Rights and the Law of Contract Sheldon Laing and Daniel Visser Requires Authentication Unlicensed Licensed Download PDF	330
14. Juristic Persons and Fundamental Rights Ross Gilbert Anderson Requires Authentication Unlicensed Licensed Download PDF	361
15. Examining the Labour Law and Social Dimension of Human Rights: The UK and South Africa David Cabrelli Requires Authentication Unlicensed Licensed Download PDF	391
16. Rights in Security Andrew J. M. Steven Requires Authentication Unlicensed Licensed Download PDF	418
17. Access to Credit, the Law of Suretyship and Unfair Suretyships J. T. Pretorius Requires Authentication Unlicensed Licensed Download PDF	437
18. The Human Right of Property in Land Law: Comparing South Africa and Scotland David Carey Miller Requires Authentication Unlicensed Licensed Download PDF	465
19. The Margin of Appreciation Doctrine of the European Court of Human Rights: Protection of Ownership and the Right to a Home J. M. Milo Requires Authentication Unlicensed Licensed Download PDF	482
20. Environment and Human Rights: The Right to Water in South Africa and Scotland Loretta Feris and John Gibson Requires Authentication Unlicensed Licensed Download PDF	497
Index Requires Authentication Unlicensed Licensed Download PDF	514

(Deutsch)

Language: English
Publisher: Edinburgh University Press
Audience: College/higher education;
Pages
- Main content: 576
Keywords: Law

eBook

Published: June 24, 2013
ISBN: 9780748684182